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(영문) 의정부지방법원 2018.03.06 2018고단16
공기호부정사용등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 2016, the Defendant, in violation of the Automobile Management Act, removed the two-wheeled vehicle license plate of “C” attached to his VF125 Baba, using a stampner in front of his house located in Pyeongtaek-gun B.

The Defendant illegally used the number plate of two-wheeled vehicles by attaching the number plate removed as above to CITI100G Orala without any number plate purchased, used, or abolished through his/her type D, and at the same time unlawfully used public offices’ marks.

2. From June 2016 to August 16, 2017, the Defendant used the marks of public offices used unlawfully by operating CITI10G Oba, which attached the automatic number plate of “C” from around June 16, 2016 to August 15:40, as described in paragraph 1, at the Gyeonggi-gu office level.

Summary of Evidence

1. Statement by the defendant in court;

1. Field control photographs;

1. A copy of the certificate for disuse of two-wheeled automobiles;

1. Application of a copy of a certificate of transfer of two-wheeled motor vehicle;

1. Article 238 (1) of the Criminal Act (Unlawful Use of Official Marks), Article 78 subparagraph 2 of the Automobile Management Act, Article 71 (1) (Unlawful Use of Registration Number Plate), Article 283 (2) and Article 283 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor for a violation of the Motor Vehicle Management Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act shows the attitude of the defendant to see and reflect his mistake.

There is no record of criminal punishment against the defendant.

In addition, the punishment shall be determined by comprehensively taking into account the various circumstances shown in the arguments in this case, such as the defendant's age, sex, environment, motive and background leading to the crime, and circumstances before and after the crime.

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